What is the ruling on a husband taking back his wife after divorce and before consummation, without a new marriage contract, and what are the implications of this in terms of marriage and childbirth? Is a new contract necessary?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
This marriage is invalid due to the absence of a new contract with a guardian (wali) and two witnesses. Divorce before consummation is an irrevocable divorce (bain), and it is impermissible to continue this relationship; rather, it must be annulled. The child is attributed to his father due to the excuse of ignorance. If the couple wishes, they can establish a new contract with a guardian, two witnesses, and a dowry.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/40543
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 40543
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy